Colo. Rev. Stat. » Title 14
Colorado Revised Statutes

Colo. Rev. Stat. § 14-2-109.5 (2026)

Common law marriage - age restrictions

✓ current as of July 2026
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(1) A common law marriage entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this state unless, at the time the common law marriage is entered into:

(a) Each party is eighteen years of age or older; and

(b) The marriage is not prohibited, as provided in section 14-2-110.

(2) Notwithstanding the provisions of section 14-2-112, a common law marriage contracted within or outside this state on or after September 1, 2006, that does not satisfy the requirements specified in subsection (1) of this section shall not be recognized as valid in this state.

Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 9, § 2, effective July 18.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2025 · leading case: In re the Marriage of Edi L. HOGSETT v. Marcia E. NEALE, 478 P.3d 713 (Colo. 2021).
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In re the Marriage of Edi L. HOGSETT v. Marcia E. NEALE, 478 P.3d 713 (Colo. 2021). · cites it 2× “In Colorado, common law marriage has been incorporated into statutory law only to the limited extent that section 14-2-109.5 , C.R.S. ( 2020 ) , requires that parties to a common law marriage be at least eighteen years old and that the marriage not violate any of the…”
Est. of Petri (Colo. Ct. App. 2025). · cites it 2× “Mayo objected to the appointment, claiming that she had a common law marriage with the decedent, see § 14-2-109.5, C.R.S. 2024, or was, in the alternative, his putative spouse, see § 14-2-111, C.”
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